Download Professional Services Agreement: Portsmouth Town & Kevin P. Gavin for Solicitor Services and more Study notes Law in PDF only on Docsity! 1 PROFESSIONAL SERVICES AGREEMENT PORTSMOUTH TOWN SOLICITOR This Professional Services Agreement is entered into as of the ____ day of July, 2017, by and between the Town of Portsmouth, Rhode Island (“Town”) and Kevin P. Gavin, Law Office of Kevin P. Gavin (“Solicitor” or “Gavin”). RECITALS WHEREAS, Gavin currently serves as the Portsmouth Town Solicitor, a municipal appointed official pursuant to Section 508 of the Home Rule Charter of the Town of Portsmouth, serving solely at the will and pleasure of the Portsmouth Town Council; WHEREAS, the Portsmouth Town Council voted on June 26, 2017 to continue to retain and reappoint Gavin as the Town Solicitor to perform legal services for the Town. A copy of the actions of the Town Council are attached hereto as Exhibit A, and incorporated by reference herein; and WHEREAS, the parties desire to set forth the terms and conditions of the representation of the Town by Solicitor and to further define the responsibilities and obligations of each party. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Appointment. a. Kevin P. Gavin is hereby appointed Town Solicitor pursuant to Section 508 of the Portsmouth Town Charter, and Solicitor hereby accepts such appointment upon the terms and conditions set forth herein. b. Kevin P. Gavin shall function as the lead attorney and principal legal contact with the Town, and shall have overall supervisory responsibility for delivery of legal services by the Law Office of Kevin P. Gavin to the Town of Portsmouth. 2. Term and Termination of Services. a. The term of this Agreement shall commence July 1, 2017 and continue until a successor Town Solicitor may be appointed, unless earlier terminated by either party. 2 b. The Town may terminate representation of the Solicitor’s services at any time, upon a vote of the Town Council and notice to the Solicitor in writing, provided the Town has made adequate provision for payment for services rendered to the date of such termination. c. The Solicitor may withdraw as counsel for the Town and terminate this agreement for any reason by notifying the Town in writing. The parties agree that the amount of compensation provided for hereunder shall not be “just reason” for terminating this agreement. If the Solicitor withdraws as the Town’s counsel and terminates this agreement, the Solicitor will use reasonable precautions to avoid prejudicing the Town’s rights by allowing a reasonable time for employment of other counsel, delivering to the Town all papers and property to which the Town is entitled and complying with all applicable laws and rules. 3. Duties. The Solicitor shall perform duties as specified in Section 508 of the Charter of the Town, including the following: a. Attend all regular and special meetings of the Town Council and all public hearings and, when reasonably requested or when the need for legal advice arises, its workshop sessions. b. Provide legal advice to all boards, commissions and agencies of the Town. Prepare for and attend monthly meetings of the Zoning and Planning Boards. Attend such other meetings of boards and agencies as reasonably requested by the Town Council or Town Administrator. c. Communicate with Town officials and such other individuals as necessary and appropriate to carry out the duties of Town Solicitor. d. Prepare, examine and/or approve the form and content of all ordinances and resolutions of the Town, and all contracts and agreements binding upon the Town or any department or agency of the Town. e. Correspond and commit to writing (including e-mail) advice and opinions as properly and reasonably requested by the Town Council or Town Administrator. f. Examine and approve invitations for bids, contracts, requests for proposals, and all other legal documents for the Town as requested. g. Draft decisions of the Zoning Board of Review. 4. Compensation. The Solicitor shall be paid as total compensation for its representation of the Town the following sums in the following manner:
